They read law to show that justices could not recognize without admission of guilt, and offered to give bail.
Mr. Reid stated that the law quoted by the prosecution belonged to civil, not criminal cases.
The prosecution insisted to have a commission of the crime acknowledged.
Prophet et. al. Bound over to Circuit Court.
After a good deal of resistance on the part of the prosecution, court asked if the parties admitted that there was sufficient cause to bind over, and the counsel for the defense admitted there was, and offered to enter into cognizance in the common form, in order to prevent, if possible, any increase of excitement.
The Sureties for the Prophet.
5 p.m.—Court acknowledged the admission and ordered recognizances, whereupon Joseph Smith, Hyrum Smith, John Taylor, William M. Phelps, John P. Greene, Stephen C. Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, Jonathan H. Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, David Harvey Redfield, and Levi Richards gave bonds, with John S. Fullmer, Edward Hunter, Dan Jones, John Benbow, and other unexceptionable sureties, in the sum of $500 for each of the defendants, total $7,500, for their appearance at the next term of the Circuit Court for Hancock county.
It was evident that the magistrate intended to overreach the wealth of the defendants and their friends, so as to imprison them for want of bail; but it happened that there was strength to cover the demand, for some of the brethren went security to the full extent of their property; and Justice Smith adjourned his court over, and left the court house without calling on Joseph and Hyrum to answer to the charge of treason, or even intimating to those prisoners, or their counsel that they were expected to enter into an examination that night.
Captain Smith, the only magistrate who could grant subpoenas for witnesses, disappeared until a late hour, as if purposely to prevent the appearing of the defendant's witnesses, and in keeping with the conviction expressed by Joseph's enemies the previous day, that the law cannot touch them, but that powder and bail will.
Another Warrant Sought—Daniel's Kingdom and Treason.